News Excerpt:
The Supreme Court has affirmed that the Central Information Commission (CIC) possesses the authority to constitute benches and frame regulations.
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- The Supreme Court emphasized that the CIC must be permitted to operate independently and exercise its powers of superintendence, direction, and management without external constraints.
- The bench highlighted that the CIC's ability to allocate work among Information Commissioners is crucial for managing its workload effectively and upholding citizens' right to information.
- The court underscored that the Commission's autonomy is vital for promoting transparency and accountability, which are fundamental to the RTI Act.
The Supreme Court set aside the High Court order
- This ruling came as the Supreme Court set aside a 2010 Delhi High Court order, which had quashed the Central Information Commission (Management) Regulations, 2007.
- The High Court had ruled that the CIC lacked the power to constitute benches. However, the Supreme Court's decision reinstates the CIC's authority in this regard.
- The Supreme Court criticized the Delhi High Court's narrow interpretation of the provisions, which overlooked the CIC's inherent powers to manage its affairs.
Right to Information Act
- The court noted that while the RTI Act does not explicitly grant the CIC the authority to frame regulations, the broad powers conferred under Section 12(4) of the RTI Act inherently include the ability to manage the Commission's affairs effectively.
- The bench clarified that under Section 12(4), the CIC has the authority to issue various administrative guidelines, directives, and instructions necessary for effective management.
- The court stated that the RTI Act's broad language indicates a legislative intent to provide the CIC with the necessary authority to implement measures ensuring the Commission's effective operation.
Central Information Commission (CIC)
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